Ravindra Maria Barros E Antao, Rep. By Her Duly Const. Attorney, Eudes Cruz Roque Antao v. Ana Preciosa Falcao (Sin. Dec.) Rep. By Lrs Resp. 2, 3, And 4 And 7 ORS

15-WP-463-22.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.463/2022 RAVINDRA MARIA BARROS E ANTAO, REP. BY HER DULY CONST. ATTORNEY, EUDES CRUZ ROQUE ANTAO ... PETITIONER

Versus

ANA PRECIOSA FALCAO (SIN.

DEC.) REP. BY LRS RESP. 2, 3, AND 4 AND 7 ORS.

... RESPONDENTS Mr A. D. Bhobe with Ms A. Fernandes, Advocates for the Petitioner.

Mr Abhijeet Kamat, Advocate for Respondents No.3 and 4. Mr J. A. Lobo, Advocate for Respondents No.5 and 6.

CORAM:

M. S. SONAK, J.

DATED:

19th OCTOBER 2023 P.C.:

1.

Heard Mr A. D. Bhobe for the Petitioner, Mr Abhijeet Kamat for Respondents No.3 and 4 and Mr J. A. Lobo for Respondents No.5 and 6.

2.

Te challenge in this petition is to the orders dated 06.09.2018 and 03.02.2020 made by the Trial Court and the Appeal Court rejecting petitioner's application for temporary injunction to restrain defendants in the suit from using and interfering with the suit property of which the defendants no.3 19th OCTOBER 2023

15-WP-463-22.DOC and 4 claim to be owners and the defendants no.5 and 6 claim right of access.

3.

In this case, the concurrent findings of facts have been recorded by the two courts on the aspect of prima facie case and balance of convenience. Besides, it is pointed out that the Suit is at a fairly advance stage where plaintiff's evidence is in progress. 4.

Considering the above circumstances, it would not be appropriate to interfere with the impugned orders at this stage. Instead, the interest of justice would be served if the Trial Court is directed to dispose of the Suit finally as expeditiously as possible and in any case, not later than one year from today. 5.

Further, the Suit must be disposed of on its own merits and in accordance with law without in any manner being influenced by the prima facie findings or observations made in the impugned orders or for that matter in the present order not interfering with the impugned orders. Te Suit must be decided based on the evidence that the parties lead and in accordance with law and on its own merits.

6.

Accordingly, this petition is disposed of with the above directions and observations. Tere shall be no order for costs. 7.

All concerned to act on an authenticated copy of this order. M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL NANDAN SINGBAL Date: 2023.10.19 17:31:37 +05'30'

19th OCTOBER 2023